Businesses and nonprofits
- If your organization is listed, you are legally deemed a “criminal organization” for Criminal Code purposes unless and until delisted (amended s. 467.1(1)(c)).
- A listed entity can apply in writing to the Minister to be removed. If the Minister does not decide within 60 days, the entity is deemed to remain listed. The entity may then seek judicial review within 60 days of the Minister’s notice (new s. 467.101(3)–(6)).
- In judicial review, a Federal Court judge may examine confidential intelligence in private and may hear parts of it without the applicant present if open disclosure would harm national security or endanger a person. The judge must give a non-sensitive summary and decide whether the Minister’s decision was reasonable (new s. 467.101(7)–(8)).
- Public Safety must review the entire list every 5 years and publish completion of the review in the Canada Gazette (new s. 467.101(11)–(12)).
Law enforcement and courts
- Police and prosecutors gain a listing tool that can streamline proving “criminal organization” status in cases involving listed entities (amended s. 467.1(1)(c); new s. 467.101).
- Federal Court will handle judicial reviews that may include classified intelligence, with flexible evidence rules (new s. 467.101(7)–(8)).
Local and provincial governments
- No new mandates in the bill. Police services may adjust policies and training to use the listing framework. Data unavailable on operational changes.